Photo by Whitehorse Star
Pictured Above: NORMAN LARUE and CHRISTINA ASP
Photo by Whitehorse Star
Pictured Above: NORMAN LARUE and CHRISTINA ASP
If Norman LaRue was afraid of undercover officers, Crown prosecutors say, that's all the more reason for him to be telling the truth, not lying about his role in a murder.
If Norman LaRue was afraid of undercover officers, Crown prosecutors say, that's all the more reason for him to be telling the truth, not lying about his role in a murder.
Prosecutor David McWhinnie cross-examined LaRue Tuesday and Wednesday during his Yukon Supreme Court murder trial.
LaRue was the last witness to take the stand in the case.
The 30-year-old is accused of killing 63-year-old Gordon Seybold in his Ibex Valley home in 2008.
Throughout the trial, which began in April, the jury has heard recordings of both LaRue and his then-girlfriend, Christina Asp, describing the night Seybold died to undercover police officers pretending to be members of a powerful criminal organization.
Asp has already been convicted for her role in the crime.
On the stand in his own defence earlier this week, LaRue told the jury he had been lying to the officers.
He says his girlfriend made up the story about them murdering Seybold to "sell” him to her new crime family employers, and hopefully get him a job.
He testified that in May 2009 — more than a year after Seybold's death and months after Asp met the undercover officers — she smuggled him a letter into the jail where he was in custody detailing what she was telling people about the crime.
He says that letter has since been destroyed.
He described being fearful of the criminals and hoping to eventually convince Asp to leave that life of crime.
McWhinnie took LaRue back through the numerous recordings that have been heard throughout the trial and questioned him on his claims the couple was afraid of the criminals.
In none of the recordings with the officers is Asp threatened, the lawyer pointed out. In fact, she is told repeatedly not to admit to things she didn't do.
LaRue replied that Asp was displaying two different personalities — one to him and one to the criminals. He insists she was afraid.
But not once in the recordings does she say she say she is afraid, McWhinnie argued. In fact, LaRue is also never heard claiming to be afraid.
The court has heard that some calls and text messages between the couple were not recorded.
LaRue testified it was during those missing calls, he expressed reservations.
"And only the ones that are missing,” McWhinnie said.
LaRue testified he was scared of Asp's new business associates, particularly after she told him that the girl who had this job before her was "missing.”
He said he inferred that something bad had happened to that person.
McWhinnie suggested that LaRue was telling the truth to the undercover officers because he believed they were powerful enough, and would be able to check if he was lying.
"When you are talking to (the undercover officers), you thought they could catch you in a lie, so you had to tell the truth,” he said.
LaRue replied that if he had been telling the truth, "he wouldn't be here.”
The lawyer questioned Larue about a bloody bat being left at a rest stop.
"It's you – and only you – that talks about the bat being put there,” McWhinnie said.
A bat with Seybold's blood was found at a rest stop near the cabin. In her confession to undercover officers, Asp says she thinks the bat was left at the home.
The prosecutor also pointed out that LaRue is the only one who makes any mention of a map of the Seybold property being drawn.
In one recorded conversation, he says Asp tried to draw him a map to the Seybold property.
Asp never makes mention of a map. In fact, during testimony at her own trial last year, she denied having any memory of a map.
Asp has refused to testify in this trial. Her testimony from her own trial was played for this jury.
A hand-drawn map that appears to be of the Seybold property has been entered into evidence.
McWhinnie challenged LaRue on his claim that, in a smuggled letter, Asp had given him instructions on what to tell the undercover officers.
In court, LaRue described how the couple sat next to each other in an open room with other prisoners while guards watched behind one-way glass.
He says they leaned in to whisper to each other, because they didn't want anyone to hear them, and thought there was a possibility the conversation was being recorded.
McWhinnie suggested that conversation never happened.
He pointed out that Asp had been very careful up until this point not to talk about her new job or the criminal family.
It's unlikely she would talk about it in a prison where conversations were being recorded.
In court Wednesday, McWhinnie questioned why LaRue would have taken the "huge risk” of keeping the supposed letter with him in prison while he memorized it.
If found, it would have provided "the authorities with a description of a crime you say you didn't do,” he said.
LaRue said his cell had been searched days before Asp's visit, and he was confident it wouldn't be searched again for some time, so he took the chance.
McWhinnie asked LaRue if he'd ever questioned his girlfriend about whether she was involved in Seybold's death.
LaRue said she "looked me in the eye and said, ‘Baby, no, I wasn't.'”
Asked why she would make up the story, LaRue suggested she was enjoying the life that the new work provided for her.
McWhinnie repeatedly suggested LaRue was telling the truth to the officers because he needed their help.
While LaRue admits he knew there was some evidence that could have pointed to him and Asp, he insists he had nothing to do with Seybold's death.
"No matter how many times you suggest it, or say this, it doesn't make it true. I was not involved.”
With that, the defence ended its case.
Judge Scott Brooker informed the jury the lawyers will make their closing arguments Friday and the jury will begin considering its verdict on Tuesday, after the Canada Day weekend.
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